ERISA Revenue Sharing Arrangements: Avoiding Plan Asset Status, Complying With Due Diligence Requirements

Utilization of Excess Payments, Contract Negotiations, Allocation of Credits to Plan Participants and More

A live 90-minute CLE webinar with interactive Q&A

Tuesday, July 30, 2019

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will provide ERISA counsel with the tools necessary to guide fiduciary clients in the governance of revenue sharing arrangements. Our experienced panel will present best practices in the utilization of excess payments, contract negotiation, and credit allocation to plan participants and more.


Financial institutions that provide services to a plan receive payments such as 12b-1 fees and administrative services fees, oftentimes called revenue sharing payments. In light of recent high profile, multi-million dollar settlements involving these agreements, fiduciaries must ramp up scrutiny during drafting and implementation.

Counsel to ERISA fiduciaries must also ensure that arrangements do not include clauses that would cause the payments to be ERISA plan assets under the DOL advisory opinion guidance. If these payments are considered plan assets, any person authorized to manage them would be an ERISA fiduciary.

Additionally, whether or not revenue sharing payments are considered plan assets, counsel must ensure that fiduciaries engage in appropriate due diligence to avoid prohibited transaction rules and qualify for the exemption under 408(b)(2).

Listen as our authoritative panel reviews appropriate terms and enforcement of revenue sharing agreements, applicable due diligence in avoiding prohibited transaction rules, and best practices in dealing with excess payments.



  1. Revenue sharing arrangements and plan asset status
  2. Fiduciary due diligence requirements
  3. Best practices
    1. Revenue sharing contractual terms
    2. Calculation of revenue sharing payments
    3. Reporting requirements
    4. ERISA account tracking
    5. Utilization of excess revenue sharing payments
    6. Allocation to plan participants


The panel will review these and other key issues:

  • How should revenue sharing agreements be drafted so that revenue sharing payments are not considered plan assets?
  • What are the fiduciary due diligence requirements related to revenue sharing agreements?
  • What are the best practices in utilizing excess revenue payments and credit allocation to plan participants?


Matta, Richard
Richard K. Matta

Groom Law Group

Mr. Matta's experience includes advising large plan fiduciaries, financial institutions and investment...  |  Read More

Oringer, Andrew
Andrew L. Oringer


Mr. Oringer is co-chair of his firm's ERISA and Executive Compensation group, and leads the firm’s...  |  Read More

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